Arbitration (Amendment) Act 2024: Code of Practice for Third Party Funding 2026

The Legal Affairs Division of the Prime Minister’s Department has since officiated and implemented the Code of Practice for Third Party Funding, with it coming into operation on 1 January 2026. The Code of Practice is an important guideline to complement the enforcement of “light touch regulatory framework”. The Code of Practice sets out the ethical standards and minimum practices that all third-party funders in Malaysian arbitrations are expected to comply with when they fund arbitration claims in return for a share of the recovery.

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Casino Credit Facilities, are they Enforceable Loans?

The respondent, Ting Siu Hua, was appointed as a promoter or junket by the Huang Group, which operated arrangements with the Naga Casino in Cambodia. As a junket promoter, the respondent was entitled to commissions for bringing in affluent players, primarily from Sarawak to gamble at the casino. In early 2015, the respondent organised a two-day gambling trip for the appellant, Dato’ Ting Ching Lee, and four other individuals. At the appellant’s request, Huang Group extended credit facilities amounting to USD1.5 million and a rolling rebate of USD193,800 to enable gambling at the casino.

Following the trip, the appellant alleged that the respondent wrote and published or caused to be written or published defamatory statements in local Chinese newspapers and on social media alleging that the appellant and two other individuals owed gambling debts to the Huang Group. This led to a defamation suit filed by the appellant and the others against the respondent. The respondent counterclaimed, seeking recovery of the credit facilities extended for gambling form the appellant.

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Trusts, Titles & Torrens: The case that reset the standard of good faith

The focus of this case is on the extent of protection afforded to a subsequent purchaser or chargee under the Torrens system and the National Land Code. The dispute is on whether Malayan Banking Berhad, as a chargee who relied on the land register, acquired an indefeasible interest in land despite defects in the underlying transaction between the earlier parties. The courts were required to determine whether a bank has a legal duty to investigate prior sale transactions before accepting a charge, and what constitutes ‘good faith’ under s 340(3) of the NLC. The case reflects the tension between commercial certainty in land dealings and the protection of unregistered interests.

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Signed, Sealed, Emoji-ed: When an emoji can’t seal the deal

In Ross v Garvey, the co-owner brothers Matthew and Kyle Garvey listed their property for sale and negotiated directly with Daniel Ross, a realtor and developer. After rejecting Ross’s initial offer, Kyle emailed a ‘counter-offer’ from the brothers’ shared email account, attaching an amended version of the standard-form contract but without any signatures. Ross immediately accepted by email, signed the documents electronically, and Kyle responded with a thumbs-up emoji in a text message. The next day, Matthew intervened, stating he had neither reviewed nor approved the documents and that nothing had been signed. The Garveys later sold the property to third parties. Ross brought a legal action against the Garveys, arguing that the emailed counteroffer and the thumbs-up emoji via text message formed a binding contract.

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Insights from the Review of eCommerce Legislation Final Report

The Review of eCommerce Legislation Final Report (Laporan Akhir Kajian Semakan Semula Perundangan eDagang) (‘the report’) represents a major national effort to modernise, refresh and renew the legal and regulatory framework for online commerce in Malaysia. Led by the Ministry of Domestic Trade and Cost of Living (‘KPDN’) with input from over 90 stakeholders, the report provides a comprehensive evaluation of existing eCommerce laws, identifies key enforcement and consumer protection gaps, and sets out a structured plan for reform. Richard Wee Chambers (a member of Grandall Law Firm) are the legal advisors in this Review of eCommerce Legislation.

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Agreement Between the United States of America and Malaysia on Reciprocal Trade

On 26 October 2025, an Agreement Between the United States and Malaysia on Reciprocal Trade was entered into. The Trade Agreement is aimed at establishing a clear and predictable framework for reciprocal trade. The Trade Agreement establishes a comprehensive framework aimed at enhancing bilateral economic ties, strengthening supply chain resilience, and aligning both countries’ trade and national-security interests. It is composed of seven key sections and multiple operative articles, each setting specific reciprocal commitments

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美利坚合众国与马来西亚互惠贸易协议

美利坚合众国政府(’美国’)与马来西亚政府已就一项《互惠贸易协议》(’协议’)达成共识,旨在加强双方的双边经济关系,并为两国出口商提供前所未有的市场准入机会。

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“Add to Cart”: Digital Contracts in E-Commerce

The convenience of online shopping often overshadows the legal realities behind each transaction. Every online purchase, no matter how big or small, constitutes a legally binding agreement between buyer and seller. When a consumer clicks “Add to Cart” or “I Agree,” a digital contract is formed, establishing enforceable rights and obligations on both sides.

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ALB MLA Law Awards 2021 Finalist Badge - Richard Wee Chambers

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